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California Preliminary Notice Signatures

By Diane Dennis

Is it okay to send photocopies of the California preliminary notice with my signature photocopied?

Question:

I have always used the carbon-type California preliminary notice forms, with four copies.

It's my first time using this type and I'm wondering, do I have to print out four copies and put an ink signature on EACH one (I need 4) -OR- can I print just one copy, sign it, and then make 3 photocopies of it (signature won't be original on other 3)?

Thank you, Melissa, Sanborn Pipeline

Click for a California preliminary lien notice

The California preliminary notice form itself can be photocopied but the signature should be original or "wet" on every copy

ANSWER:

Each of the preliminary notices should have an original (ink) signature.

A photocopied preliminary notice will probably be legally effective, but my advice is to always use an original signature.

While it's true that a defendant who claims that a photocopy is ineffective misses the point -- it's the fact that they're being made aware of the info on the form that matters -- a photocopied document might give a General/Direct Contractor, or a property owner, an argument that your California preliminary notice isn't valid.

Because we always want to prevent the other side from having any type of argument please definitely make sure it's a wet signature on every copy of the notice.

Thank you to Dave Barnier for the above response. :) Mr. Barnier is a practicing litigation attorney in San Diego CA and can be reached at 619.682.4842.
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The information above is based upon California law and is provided for general information, only. The information provided illustrates laws and legal principals in general. Any information or analysis presented in this article is intended solely to educate the reader on general issues. A comprehensive review of facts, documents, and applicable laws is always required before any attorney can competently provide any legal advice regarding any particular situation. In short: Please do not rely on any part of this article when analyzing any specific situation affecting you or your business.

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At one time the California preliminary notice form was mandated by California to be titled "20-Day Preliminary Notice Form" (exactly, word for word). The California mandate has since changed and the form is now known as the "Preliminary Notice Form" (again, exactly, word for word). Make sure what your state requires and make sure your forms are valid.